Nilgiris Biosphere Reserve - Equitable Tourism Options

(b) regulate the allotment of land of members of the Scheduled Tribes
in such area;
(c) regulate the carrying on of business as money-lender by persons
who lend money to members ofthe Scheduled Tribes in such area.
The Provisions of the Panchayats
The Provisions of the Panchayats already existed in some of the
States such as in Maharashtra (1 961) and Orissa (1965). The States
like Gujarat (1993), Himachal Pradesh (1994), Andhra Pradesh
(1994), Rajasthan (1994) and Mad hya Pradesh (1994) enacted the
Provision of the Panchayats after the Constitution (Seventy-third
Amendment) Act, 1992. The above mentioned States have notified
the Scheduled.
Areas. However, Article 243-M under the 73rd Amendment Act did
not extend the provision of the Panchayats to the States having
Scheduled Areas and also to Nagaland, Meghalaya, Mizoram,
Manipurand Darjeeling.
Keeping in view the exclusion of the Scheduled Areas the present
Act of 1996 was passed. Accordingly all the excluded Scheduled
Areas were brought under tRe purview of a comprehensive single
act. Wherein Section 3 of the Provisions of the Panchayats
(Extension to the Scheduled Areas) Act, 1996, states that the
Provisions of Part IX of the Constitution relating to the Panchayats is
extended to the Scheduled Areas. Presently most of the States have
to redesign their Panchayats enactments. Chattisgarh and
Jharkhand are two newly formed states which acted promptly in this
direction. According to Section 4(i) of the Provision of the
Panchayats (Extension to the Scheduled Areas) Act, 1996 enshrines
that:
0) the Gram Sabha or the Panchayats at the appropriate level shall
be consulted before making the acquisition of land in the Scheduled
Areas for development projects and before resettling or rehabilitating '
97 Nilagiris : Fading Glory
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